Everyone responds differently to sexual assault, Crown argues in Ghomeshi trial
He is the former host of “Q”, a popular radio show on culture heard in Canada and on many US public stations.
DeCoutere told court when she testified that Ghomeshi assaulted her in 2003. She says while she found both jobs very fulfilling, survivors have greater say and control in civil cases. The woman explained she was embarrassed by the sexual encounter and didn’t initially think it was relevant. Later she met him again, invited him back to her home and engaged in sexual activity but she didn’t tell police or the prosecutor about the invite or the sexual activity until this last Friday.
Callaghan said their testimonies shouldn’t be dismissed just because they didn’t act in a way that is “stereotypical” of assault victims. And if the court is left with a reasonable doubt, then the court has to acquit.
“It appears the three main witnesses and the complainants in the case were really decimated by cross examination, mostly about them not being candid about their contact with Mr. Ghomeshi after the alleged assaults”, says Shapray. However, she said that the fact they lied to the court was. “That a woman who remembers being beaten is not considered credible because she didn’t know the make of his auto”.
“Right now the stats on people coming forward are abysmal so we really need to build trust”, Butt said.
The lawyers used especially tough language when summarizing the testimony of one of the complainants “Trailer Park Boys” actress Lucy DeCoutere – who’s accused Ghomeshi of choking and repeatedly slapping her while they were kissing in his bedroom. She claimed on the witness stand to have forgotten about the email and another flirtatious email she sent a year after. She also produced a hand-written letter the actress sent him days later that ended with the words: “I love your hands”.
Defence lawyer Marie Henein had argued that Dunsworth’s statement to police was irrelevant.
In the case of the first complainant, Henein confronted the woman with friendly emails – and a bikini photo – she sent to Ghomeshi after the alleged assaults.
“There is not an expert who will testify that perjury is indicative of trauma”, she said. “Abiding by oath does not require a lawyer or a sophisticated knowledge of the law”.
The fate of Jian Ghomeshi now rests with a Toronto judge who is expected to decide next month whether to convict the former broadcaster of sexual assault and send him to jail or declare him innocent.
“This is evidence that is extensive”, Henein said.
Henein said the case should be “judged on the facts and not emotions”.
Ghomeshi pleaded not guilty to four counts of sexual assault and one count of overcoming resistance by choking.
He pointed out that Ghomeshi would probably have to answer questions under cross-examination about the link he draws between violence and arousal, and his definition of “rough sex”, which could possibly damage his reputation even further.